Z22-0016bORDINANCE NO. 222-O016b
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THEZONING DISTRICT AND USE CLASSIFICATION FROM PLANNED DEVELOPMENT
RESIDENTIAL 7 (PD-R7) TO RESIDENTIAL 6 (R6) DISTRICT ON APPROXIMATELY21.013 ACRES OF LAND GENERALLY LOCATED WEST OF LANE STREET AND
MOCKINGBIRD LANE AND NORTH OF THE TERMINUS OF TRAILHEAD LANE, IN THECITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THECITY’S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUMAMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE. (222-O016b)
WHEREAS, Linken Real Estate LP has submitted a request to rezone approximately
21.013 acres of land from Planned Development Residential 7 (PD-R7) to Residential 6 (R6)
District, legally described in Exhibit “A”, attached hereto and incorporated herein by reference
(hereinafter, the “Property”); and
WHEREAS, on October 26, 2022, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, have given the requisite notices by publication and otherwise,
and have held due hearings and afforded full and fair hearings to all property owners interested in
this regard, and have recommended approval (6-0) of the request; and
WHEREAS, on December 6, 2022, the City Council likewise conducted a public hearing
as required by law, and finds that the request meets and complies with all substantive and
procedural standards set forth in Section 2.7.2 of the Denton Development Code, and is consistent
with the Denton 2040 Comprehensive Plan and the Denton Development Code; and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for establishing an initial zoning district for the Property,
have determined that the proposed use is in the best interest of the health, safety, morals, and
general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is
of the opinion and finds that said zoning change is in the public interest and should be granted as
set forth herein; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The zoning district and use classification for the Property is hereby changed
to Residential 6 (R6) District.
SECTION 3. The City’s official zoning map is hereby amended to show the established
zoning district and use classification
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of theprovisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person, firm, partnership or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 6. In compliance with Section 2.09(c) of the Denton Charter, this ordinance
shall become effective fourteen (14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-
Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of thedate of its passage.
The motion toseconded Jy-"uQ'* tHTJemt:n""e "as "”, Fh::rdin,n„ wT, p,U,„d ,pp„,,dT
the following vote [E - IL] :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:\/‘
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Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :
VACANT, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts. At Large Place 6:
PASSED AND APPROVED this the daLof Aa 2022
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK RE[NWAND, CITY ATTORNEY
uI+t&\ 4/ \AtN \: : ; 1;( 11NI :3: : : : 1 6 : 0 1
BY: tJ v -06'OO‘
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Exhibit A
Legal Description
Legal Description – 222-0016Oak Vista
Being 21.013 acres of land located in the M. Yoacham Survey, Abstract No. 1442, Denton County, Texas,being the tracts of land described in the deeds to Linken Properties, LLC, recorded in County Clerk'sInstrument Nos. 2010-16100 and 2012-1 33042, Deed Records, Denton County, Texas. Said 21.013
acres of land being more particularly described as follows:
BEGINNING at a 5/8” iron rod found at the northwest corner of said Linken Properties, LLC tract recorded
in Instrument No. 2010-16100, being the southwest corner of Lot 1, Block A, Majestic on McKinney, anaddition to the City of Denton, Denton County, Texas, recorded in County Clerk’s Instrument No. 2016-2050, Deed Records, Denton County, Texas and in an east line of a tract of land described in the deed toStaff Realty, Inc., recorded in County Clerk’s Instrument No. 1994-6845. Deed Records, Denton County,Texas
THENCE S88'16'01"E, along the north line of said Linken Properties, LLC tract recorded in InstrumentNo. 2010-16100 and the south line of said Lot 1 , a distance of 720.50 feet to a 1 ” iron pipe found at the
northeast corner of said Linken Properties, LLC tract recorded in Instrument No. 2010-16100, being the
northwest corner of said Linken Properties, LLC tract recorded in Instrument No. 2012-133042, thesoutheast corner of said Lot 1, and the southwest corner of Lot 1 , Block 1 , McKinney Baptist ChurchAddition, an addition to the City of Denton, Denton County, Texas, recorded in Cabinet F, Slide 208, PlatRecords, Denton County, Texas;
THENCE along the north, east, and south lines of said Linken Properties, LLC tract recorded inInstrument No. 2012-1 33042 as follows
1. S88'11'01"E, along the south line of said McKinney Baptist Church Addition, a distance of 571.36 feetto a 1/2” iron rod found at the southeast corner of said McKinney Baptist Church Addition;
2. S88'15'41"E, along the south line of the remainder of a tract of land described in the deed toGracepointe Church of Denton, Inc., recorded in County Clerk’s Instrument No. 2012-24817, DeedRecords, Denton County, Texas, a distance of 203.74 feet to a 60d nail found at the northeast cornerof said Linken Properties, LLC tract recorded in Instrument No. 2012-133042;
3. SOI'02'31’'W. a distance of 532.53 feet to a 1/2” iron rod found at the southeast corner of said Linken
Properties, LLC tract recorded in Instrument No. 2012-133042, being in the north line of LonghornCove, an addition to the City of Denton, Denton County, Texas, recorded in County Clerk’s InstrumentNo. 2009-186, Deed Records, Denton County, Texas;
4. S89'11'25"W, along the north line of said Longhorn Cove, a distance of 779.47 feet to a 1/2" iron rodfound at the southwest corner of said Linken Properties, LLC tract recorded in Instrument No. 2012-133042, being the northwest corner of said Longhorn Cove, and in the east line of said LinkenProperties, LLC tract recorded in Instrument No. 2010-16100;
THENCE S01'47'46''W, along the east line of said Linken Properties, LLC tract recorded in InstrumentNo. 2010-16100 and the west line of said Longhorn Cove, a distance of 305.53 feet to a point;
THENCE N89'37'43'’W, a distance of 218.81 feet to a point;
THENCE N20'01'05"W, a distance of 174.05 feet to a point;
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THENCE N42'19'43''W, a distance of 46.00 feet to a point;
THENCE N53'43'34"W, a distance of 171.09 feet to a point;
THENCE N64'08'02"W, a distance of 64.08 feet to a point;
THENCE N60'36'17’'W, a distance of 29.82 feet to a point;
THENCE N55'14'32"W, a distance of 55.04 feet to a point;
THENCE N28'59'15"W, a distance of 44.70 feet to a point;
THENCE N07'46'34"W, a distance of 37.22 feet to a point;
THENCE N88'43'09"W, a distance of 103.30 feet to a point in the west line of said Linken Properties,
LLC tract recorded in Instrument No. 2010-16100 and in an east line of said Staff Realty, Inc. tract;
THENCE N01'16'51"E, along the west line of said Linken Properties, LLC tract recorded in Instrument
No. 2010-16100 and an east line of said Staff Realty, Inc. tract, a distance of 442.59 feet to the point ofbeginning, containing 21.013 acres of land.
The bearings recited hereon are oriented to NAD83 Texas North Central Zone.
Kenneth R. Rogers
Registered ProfessionalLand Surveyor No. 6066
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